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Burris case casts shadow over Franken seating

(AP) - The scuffle over a replacement senator
for President-elect Barack Obama highlights an obstacle likely to
keep Democrat Al Franken from taking office in Washington before a
court challenge over his apparent victory in Minnesota is resolved.

The U.S. Senate convened its new session Tuesday with two states
down a senator. Minnesota's seat is empty because of an ongoing
dispute over who won the Nov. 4 nail-biter and Illinois is mired in
a fight over an appointment by a governor suspected of trying to
sell Obama's seat.

Both would-be senators have this in common: They lack a proper
election certificate.

Illinois appointee Roland Burris has an election certificate
from disgraced Democratic Gov. Rod Blagojevich that isn't
countersigned by the secretary of state.

Burris and ReidAlex Wong/Getty Images

Franken lacks a
certificate altogether because Republican Norm Coleman is
contesting his recount loss in court, which by Minnesota law
prevents top state officials from signing off on the race.

"This has been a rule in the United States Senate since 1884.
And since 1917, when we started the popular election of the
senators, we have never, ever waived this rule for any election or
appointment," said Durbin, who is also from Illinois.

The rule for a certificate with both signatures, Durbin said,
has "never been waived in the history of the United States Senate.
So it's an important rule and one not easily challenged or
changed."

“Since 1917, when we started the popular election of the
senators, we have never, ever waived this rule for any election or
appointment.”

Sen. Dick Durbin, D-Ill.

Burris is awaiting a court ruling that could earn him the second
signature. Franken's race appears to be months from resolution.

Franken's campaign has declined to say if he will ask to be
seated while Coleman's lawsuit proceeds. His lawyer, Marc Elias,
said it's a question for the Senate, not Franken. Senate
Republicans say they would block a move to seat Franken early.

The former "Saturday Night Live" writer and radio show host
moved past Coleman during a hand recount of nearly 3 million
ballots. When it ended Monday, Franken had 225 more votes than
Coleman after trailing the incumbent by a similar margin following
the Election Night count.

In his lawsuit - known in Minnesota as an election contest -
Coleman alleged election and recount irregularities that caused
some ballots to be wrongly counted and others improperly excluded.
His hopes rest with a three-judge panel that will conduct a trial
and rule on the claims.

Republican Gov. Tim Pawlenty, who will eventually sign the
winner's certificate, came to Coleman's defense on Wednesday.

"It's disappointing that it's going to take longer but I think
the more important thing to focus on is, the court process will
allow I think everybody to say every stone was turned over, and in
the end then have more confidence in the result," Pawlenty said.

The next big decision is who sits on the judicial panel.

Under state law, the Supreme Court chief justice is supposed to
pick the judges. But a state courts spokesman said Wednesday that
Chief Justice Eric Magnuson will delegate the assignment to Justice
Alan Page, the court member with the most seniority.

Magnuson, a Republican appointee, served on the board that
oversaw the recount. Page, who has been on the court since he was
elected in a 1992 nonpartisan race, has been mentioned previously
as a possible Democratic candidate for political office. There was
no indication about how soon he would act or whether the campaigns
would have input.

Coleman's campaign had a brief reaction to the development.

"We have every reason to believe Justice Page will appoint a
three-judge panel that will carry out its duties in a fair and
impartial manner," spokesman Mark Drake said.

Franken spokeswoman Jess McIntosh said the campaign respects
Magnuson's decision to turn over the selection to Page.

A trial is required to commence within three weeks of the case
being filed. But there is no deadline for completion.